BHP Steel (AIS) Pty Ltd (now known as BlueScope Steel (AIS) Pty Ltd) and The Australian Workers' Union, NSW [2005] NSWIRComm 261

Industrial Relations Commission of New South Wales in Court Session

CITATION: BHP Steel (AIS) Pty Ltd (now known as BlueScope Steel (AIS) Pty Ltd) and The Australian Workers' Union, NSW [2005] NSWIRComm 261

Applicant: BHP Steel (AIS) Pty Ltd (now known as Blue Scope Steel Pty Ltd) PARTIES: Respondent: The Australian Workers' Union, NSW

FILE NUMBER(S): IRC1109 of 2003

CORAM: Kavanagh J

CATCHWORDS: Industrial Relations Act 1996 - s139 - application for declaration for contravention of dispute orders - union's non-attendance at compulsory conference - certificate of attempted conciliation issued, arbitration proceedings entered into - no notification of arbitration to union - breach of natural justice principle through rules for procedural fairness - scheme of Act requires notice of movement of Commission to arbitration – validity of order challenged – conduct of union indicative of breach – protection of s179 applied

LEGISLATION CITED: Industrial Relations Act 1996 s139 s179

A. Manson v St. Vincent's Hospital Sydney(No1) 963 AR(NSW) 627 Australian Paper Manufacturers Limited Building Tradesmen Annual Leave Awd 1960 AR (NSW) 188 Australian Railways Union v Victorian Railways Commissioners (1930) 44 CLR 319, 37 ALR 37, 4 ALJR 338 CGEA Transport Ltd t/as Southtrans v Transport Workers' Union of Australia (2001) 110 IR 211 Dispute-Depart of Main Roads v PSA 1973 AR 48 Electricity Commission of NSW and PSA (unreported decision of Hill J, 30 March 1992, No IRC313 of 1991) CASES CITED: Persian Art Gallery Pty v Lorang & Anor [2005] NSWSC 913 Solution 6 Holdings & Ors v Industrial Commission of New South Wales & Ors (2004) 208 ALR 328 South East Asia Fire Bricks Sdn Bhd v Non-Metallic Mineral Products Manufacturing Employees Union [1981] AC 363 Suzanne Frugtniet v Administrative Decisions Tribunal (Appeal Panel) & Anor, Brian Frugtniet v Administrative Decisions Tribunal (Appeal Panel) & Anor [2005] NSWCA 257 Tempo Services Limited v Strezouski [2005] NSWIRComm 329